Of all the issues raised by the recent developments and changes in online anti-terrorism legislation, the privacy and surveillance of individuals is perhaps the most highly debated and controversial. The dichotomy between the need for governments to protect civilians from growing online threats such as terrorism, fraud and identity theft and the rights of individuals to freedom of speech and civil liberties have come to the fore in the debates surrounding online anti-terrorism legislation. This dichotomy is further complicated by the unregulated and anonymous nature of the internet, which is has been described by Rowland (2003, p. 304) as the “most truly democratic forum of mass communication�. The emergence and uptake of the internet has allowed an innumerable amount of people to participate and interact online, however privacy and surveillance laws are still evolving to adapt to new media technologies, and the threats and opportunities they provide.
Much debate has centred on the right to privacy and anonymity that the internet provides. Civil libertarians argue that there is a necessity to protect anonymity as it allows people to freely express their views (Rowland, 2003, p.306). Without anonymity, freedom of expression cannot truly exist. This was established in several Supreme Court cases in the United States (US), where the right to freedom of speech, which is enshrined in their constitution, took precedence (Rowland, 2003, p.306). Privacy advocates also assert that recent anti-terrorism legislation introduced in the US (see USA PATRIOT Act) has extended the government’s ability to spy on the activities of individuals online. Authorities can now trace people’s emails, with the subject line included, and their internet use, in a less rigorous framework, which does not require a warrant for a wiretap (Berry-Helmlinger, 2002, p.17). Traces and investigation can be undertaken without consent or knowledge of those being investigated (Electronic Frontier Foundation, 2004). Numerous civil rights groups and online privacy advocates are strongly opposed to the USA PATRIOT Act for several reasons. The Electronic Frontier Foundation, an organisation that defends online privacy and freedom of speech, believes the new legislation allows authorities to conduct surveillance for domestic purposes and reduces the government’s accountability (Electronic Frontier Foundation, 2004).
However, proponents of online anti-terrorism legislation argue it is a required component of the legal framework to defend against the new threats posed by the internet. Threats such as online fraud, identity theft, child pornography, piracy and cyber-terrorism have all been cited to justify the need for greater regulation and surveillance of the internet (Rowland, 2003, p. 304). The internet not only provides anonymity to users, but also pseudonmynity, in which one person can assume several different identities and traits online. While anonymity is a part of freedom of speech, it can also conceal those who wish to engage in criminal activity online. Crimes such as defamation, fraud and cyber-terrorism such as hacking are only made easier by the anonymity of the internet (Rowland, 2003, p. 304). Since the attacks on the World Trade Centre, in 2001, governments have increased powers to surveillance and intelligence-gathering agencies to combat the use of new media technologies by terrorist or criminal groups for covert communication (Flew, 2002, p.201).
As governments attempt to regulate and safeguard the internet from those who use the internet for illegal or destructive activities, debate will continue over new online anti-terrorism legislation, as its effects on individual privacy and rights are yet to be fully understood.
Katrina Yuen 11:43, 29 Oct 2004 (EST)
Katrina Yuen 13:57, 3 Nov 2004 (EST)
WIKI - Privacy and New Technologies
Electronic Frontier Foundation
Electronic Privacy Information Centre
Online Anti-terrorism Legislation - Online Political Activism
Online Anti-terrorism Legislation - Effects on the Communications Industry
Online Anti-terrorism Legislation - Recent Developments
Online Anti-terrorism Legislation - Implications for Internet Content
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Katrina Yuen 11:43, 29 Oct 2004 (EST)
Katrina Yuen 13:57, 3 Nov 2004 (EST)
